People v. Corral CA5

FACTS

The report of the probation officer indicates the following: On January 31, 2012, a police officer, seeking to take appellant, a “wanted parolee,” into custody, went to a motel in Fresno where appellant was staying, went to appellant’s room and arrested appellant “without incident.” In plain view on the bed near appellant was a loaded revolver.

We use the term “strike” as a synonym for “prior felony conviction” within the meaning of the “three strikes” law (Pen. Code, §§ 667, subds. (b)-(i); 1170.12), i.e., a prior felony conviction or juvenile adjudication that subjects a defendant to the increased punishment specified in the three strikes law.

2.

DISCUSSION

In his notice of appeal, appellant claims, as best we can determine, that he was denied his constitutional right to the effective assistance of counsel. Specifically, he asserts in his notice of appeal that his trial counsel made the following representations: She (counsel) would request, under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, that the trial court dismiss his strike; appellant “would be getting half time,” he would serve his sentence in a state mental health facility; and the minute…